Judges will be given discretionary powers to recommend a minimum length of time before parole can be considered for people on whom a mandatory life sentence has been imposed under a new proposal from the Minister for Justice Helen McEntee in her Justice Plan 2022.
The minimum period of time could be 20, 25 or 30 years if a crime was “particularly horrendous” Ms McEntee told RTE radio’s Today with Claire Byrne show.
At present a person serving a life sentence could go forward for parole after 12 years, explained Ms McEntee.
Under the new proposal it would be “completely at the discretion of the judiciary” what length of time should be served before parole could be considered.
It would be up to the judge to look at all the circumstances of cases. In cases where children were involved, multiple murders or cases with a sadistic element prisoners should not engage with the parole board before a certain time at the judge’s discretion.
The change would give the public more confidence, particularly in heinous cases, she said.
Sentences that match crimes
As reported in The Irish Times, the new proposals are among 159 actions in the Justice Plan 2022 which is being published on Monday.
In Ireland, the average life sentence served is 20 years, however, judges would have the discretion to impose a minimum of 20 or 30 years or even longer if they deem it is warranted in a particular case.
Deliberations regarding the minimum terms for life sentences are expected to be finished by the summer with the proposals set to go before the Government in autumn.
Minister for Justice Helen McEntee said she believes in a criminal justice system “where the sentence matches the crime”.
Ms McEntee's aim in developing the proposals is to allow the courts to reflect the aggravating factors and gravity of certain murder cases.
At the end of January, there were 359 people serving life sentences in Ireland, 343 for murder and 16 for a different offence.
There are currently 16 people who have served more than 30 years, with some of those having served more than 40.
The new proposals come following a recommendation from A Law Reform Commission report in 2013 that judges should have the power set minimum terms in murder cases where mandatory life sentences apply.
Other proposals being put forward in the Justice Plan 2022 include reform of how judges are appointed and the enactment of legislation to allow the use of body-cams by gardaí.
- Additional reporting by Vivienne Clarke
